Barker Martin, PS

Category: Content
Type: Blog Article

Generated 1 week ago

New blog articles detected

  • Protestors Are Such a Riot!

    Regardless of your political persuasion or tolerance for political activism, it is evident that protests are becoming a routine experience around the country. Portland alone has had seven separate organized protests since January 19th. This number does not include spontaneous demonstrations or protests. The thing about protests is that the protestors rarely stop to ask whether your home, business,...

Barker Martin, PS

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • Rigged (HOA!) Elections

    A few months ago, the Chairman and Secretary of a Pennsylvania community association were convicted by a jury of election fraud. The directors schemed to fill out ballots to stack the deck in upcoming board elections. An attorney in Las Vegas plead guilty to a similar charges a few years back. He was part of a plan to falsify ballots to elect board members that would direct business to certain...

  • I Don't Think We're in Kansas Anymore

    Kansas, of course, is in the heart of Tornado Alley and home to the most famous tornado of them all: the one that swept Dorothy into the Land of Oz. Recently, however, Oregon and Washington felt the effects of multiple tornadoes. Two tornadoes touched down in Oregon in October. Tornado warnings were also issued for several cities in Washington. The tornadoes and strong winds wreaked havoc on homes...

  • What Did That Say?? Political Signs & Free Speech

    It is often said that this U.S. presidential election has been the most polarizing election in modern times, if not all time. Because of the strong opinions on every side, more and more community associations are having to address not just the mere existence of these signs, but also the content.

  • Election Season

    (Don't worry. No discussion of the Presidential race which means it's safe to read on.) Many community associations are preparing to elect new directors this time of year. As you approach elections, I offer a couple of observations for comprising a board of directors.

  • Neutrality

    Association boards deal with a variety of unit owner behaviors and personalities. Some are positive, some are negative, and some are downright inexplicable. This can lead to both real and perceived bias.

  • Legislative Alert

    The 2017 Washington State legislative session commenced on January 7, 2017 and is in full swing. It's expected to be another active session involving condominium and homeowner associations. Hearings are already taking place and bills are being introduced.

  • Sure, you can read it but this is our STANDARD LANGUAGE

    We have all seen onerous and unfair language in contracts, waivers, releases, invoices, disclaimers, disclosures, notices. Sometimes it is in the dreaded "fine print." Sometimes it is in large bolded, underlined print. When one party challenges such language, we often hear the response: This is "industry standard."

  • Possession after Judicial Foreclosure

    Recently, the Division 1 Court of Appeals of Washington issued its opinion in the case of Viewcrest Condominium Association v. Robertson, 2016 WL 7470025 (December 27, 2016). The decision by the Court in Viewcrest will need to be considered when evaluating collection of delinquent condominium assessments in Washington.

  • Dealing With Ice is Anything But Neat

    Those of us in the Northwest were recently hit with the first round of winter snowstorms. My children are avid weather watchers (in hopes of future school closures), so I understand that we are in store for several more storms in the coming months. Winter snow and ice inevitably result in a host of insurance claims. Some of these are relatively predictable. Think auto accidents and trees falling. ...

  • Tree Trouble - Part II, Self-Help

    In part one of our three-part series on Tree Trouble, my colleague David Silver wrote about Timber Trespass. In this post, I'm going to discuss self-help. Self-help is the legal term that describes "taking the law into your own hands"—literally. In this context, it would include a property owner getting out their pruning shears or shovel and cutting or trimming parts of a neighbor's tree that infr...

  • Tree Trouble - Part I, Timber Trespass

    One aspect of real property law that I find interesting is how some of the nastiest legal disputes are between neighboring property owners. On one hand, it would seem incumbent upon neighbors to be friendly and cooperative to one another because they are forced to interact regularly. On the other hand, the likelihood, or at least opportunity, for disputes seems to increase proportionately the clo...

  • What Should You Trust In After a Volatile Election?

    I don't know if you remember this, but there was an election recently that was rather volatile. Whether you are happy or unhappy with the outcome, the question on everyone's mind is: What happens next? How will our government change? How will we be governed? The final answer to those questions will not be known for some time, but what we do know is that whatever the intent, significant change ...

Barker Martin, PS

Category: Content
Type: Blog Article

Generated 4 months ago

Barker Martin, PS

Category: Content
Type: Blog Article

Generated 5 months ago

New blog articles detected

  • The Business Judgment Rule

    Community Association board members frequently ask, "What is the standard we're held to when we vote and make decisions?" The standard of conduct in Oregon and Washington is colloquially known as the "Business Judgment Rule." Application of the Business Judgment Rule comes into play in nearly all board decision making from deciding how far to pursue a collections matter to selecting a contractor...

Barker Martin, PS

Category: Content
Type: Blog Article

Generated 5 months ago

New blog articles detected

  • The Price is Wrong

    As a kid, whenever I was home sick I'd be faced with the inevitable problem faced by thousands in my situation: what to watch on daytime television. As soap operas were not my speed, I'd almost always settle on game shows. My favorite, like many, was the Price is Right. Some days I'd be lucky enough to catch my favorite part of the show; the $1 bid. When the other contestants grossly overestimated...

Barker Martin, PS

Category: Content
Type: Blog Article

Generated 5 months ago

Barker Martin, PS

Category: Content
Type: Blog Article

Generated 6 months ago

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